ABEYANCE (lapse in succession)

abeyance (<<schwa>>-bay-<<schwa>>nts), n.1. Temporary inactivity; suspension.

2.Property. A lapse in succession during which no person is vested with title. abeyant,adj.
Abeyance, from the French bayer, to expect, is that which is in expectation, remembrance,
and intendment of law. By a principle of law, in every land there is a fee simple in somebody, or
else it is in abeyance; that is, though for the present it be in no man, yet it is in expectancy
belonging to him that is next to enjoy the land. 1 Richard Burn, A New Law Dictionary 4 (1792).
mesne conveyance (meen). An intermediate conveyance; one occupying an intermediate
position in the chain of title between the first grantee and the present holder.
original conveyance. See primary conveyance.
present conveyance. A conveyance made with the intent that it take effect at once rather than
in the future.
primary conveyance. A conveyance that creates an estate.
Examples of primary conveyances include feoffment, gift, grant, lease, exchange, and partition.
Also termed original conveyance.
Cf. secondary conveyance.
Of conveyances by the common law, some may be called original, or primary conveyances;
which are those by means whereof the benefit or estate is created or first arises: others are
derivative or secondary; whereby the benefit or estate, originally created, is enlarged, restrained,
transferred, or extinguished. 2 William Blackstone, Commentaries on the Laws of England 309
(1766).
secondary conveyance. A conveyance that follows an earlier conveyance and that serves only
to enlarge, confirm, alter, restrain, restore, or transfer the interest created by the primary
conveyance. Also termed derivative conveyance; derivative deed. Cf. primary conveyance.

voluntary conveyance. A conveyance made without valuable consideration, such as a

deed in favor of a relative. 2. The transfer of a property right that does not pass by
delivery of a thing or merely by agreement. 3. The transfer of an interest in real property
from one living person to another, by means of an instrument such as a deed. 4. The
document (usu. a deed) by which such a transfer occurs. [Cases: Deeds 3. C.J.S.
Deeds 18.] 5. A means of transport; a vehicle. 6.Bankruptcy. A transfer of an interest
in real or personal property, including an assignment, a release, a monetary payment, or
the creation of a lien or encumbrance. Also termed (in sense 6) bond for deed. See
FRAUDULENT CONVEYANCE; PREFERENTIAL TRANSFER.